Council Meeting 8/2005

Meeting 8/2005 of the Monash University Council was held between 4.30 pm and 6.55 pm on Monday, 12 December 2005 in the Sir George Lush Room, Building 3a, Clayton Campus.

Mr J K Ellis, Chancellor, Presiding

Mr P H Ramler AM, Deputy Chancellor

Dr J M Hearn, Deputy Chancellor

Professor R G Larkins AO, Vice-Chancellor

Professor C Browne, President of Academic Board

Professor S Parker, Senior Deputy Vice-Chancellor

Professor S Fahey, Deputy Vice-Chancellor (International)

Professor E Cornish, Deputy Vice-Chancellor (Research)

Mr P Marshall, Vice-President (Administration)

Mr R Fairchild, Vice-President (Advancement)

Mr D Pitt, Vice-President (Finance)/Chief Financial Officer

Professor M Evans, Pro Vice-Chancellor (Planning)

Professor J Redmond, Dean, Faculty of Art and Design

Mr T Calder, Director, Executive Services

An apology was received from Ms Penny Hutchinson.

No requests for special leave were received.

Items 1.1 Apologies, 1.2 Special Leave, 1.3 Starring of Items, 1.4 Approval of Non-Starred Items, 1.5.2 Chancellor’s report on the Vice-Chancellor’s performance review and objectives for 2006, 2 Confirmation of Minutes of Previous Meeting, 3 Chancellor’s Business, 4 Vice-Chancellor’s Business, 7 Report of the Audit Committee 8.3 Amenities Fees 2006, 8.5 Receipt of Proceedings of Resources and Finance Committee and 11 Equal Opportunity Committee were starred for discussion.

Council resolved on the motion of the Chairman:

‘that all items on the agenda not starred be adopted without discussion, and the action recommended be taken or the information therein noted’.

RESOLUTION CL8/2005/194

Council noted the report of the Vice-Chancellor dated 30 November 2005 on the affixing of the Common Seal to documents executed under Seal pursuant to Statute 8.1, Section 2.1.5.

(File RMO1997/0889)

The Vice-Chancellor was not present while the item was discussed.

The Chancellor outlined the process undertaken by the Selection and Remuneration Committee to review the Vice-Chancellor’s performance and set objectives for 2006 and provided Council with an overview of the committee’s deliberations.

The Chancellor advised Council that, overall, the Selection and Remuneration Committee considered that the Vice-Chancellor had met, or exceeded, in many cases, the performance criteria set by Council at the start of the year in all areas including research performance, progressing the learning and teaching framework, establishing a new senior management structure and establishing the Advancement division.

Council was advised that the 2006 performance measures had been set in the areas of research, learning and teaching, internationalisation and a number of other areas.

Following discussion, the Vice-Chancellor was invited to attend the meeting.

The Chancellor outlined to the Vice-Chancellor Council’s discussion and commended the Vice-Chancellor for his efforts and outstanding performance during 2005.

Council congratulated the Vice-Chancellor with acclamation.

RESOLUTION CL8/2005/195

Council noted, with acclamation, the advice of the Chancellor on the outcome of the Vice-Chancellor’s performance review and noted the objectives set for the Vice-Chancellor for 2006.

(File RMO1998/2347)

Authorised observers were admitted to the meeting following confidential items.

The Minutes of meeting No 7/2005 held on 31 October 2005 were circulated.

RESOLUTION CL8/2005/196

Council confirmed the Minutes of meeting No. 7/2005 held on Monday, 31 October 2005.

The Chancellor, on behalf of Council, thanked the following retiring Council members for their contribution during their terms:

Mr John Hutchinson

Ms Dale Halstead

Professor Chris Browne

Professor Warwick Anderson

Mr Tim Wilson

Mr Leo Ostroburski

RESOLUTION CL8/2005/197

Council received the oral report of the Chancellor.

(File RMO1998/2347)

RESOLUTION CL8/2005/198

Council approved the proposed schedule for Annual Reporting to Council – 2006 with the following additions:

The Vice-Chancellor provided Council with an update on some matters referred to in his written report including that Monash would review its coursework offerings in 2006, however, there were no plans to move to a "Graduate School model". Council was also advised that Monash had been awarded approximately $6 M for high achievement via the Learning and Teaching Performance Fund.

Concluding his report to Council, the Vice-Chancellor expressed his disappointment with the passage of the Higher Education Support Amendment (Abolition of Compulsory Up-front Student Union Fees) Act 2005 and noted that while the legislation would prevent universities from charging compulsory amenities fees from 2007, the University would attempt to subsidise some of the activities currently funded via the fee.

RESOLUTION CL8/2005/199

Council received and noted the Vice-Chancellor’s Report to Council.

(File RMO1998/2347)

Professor John Redmond, Dean, Faculty of Art and Design and Chairman of MUMA was in attendance for discussion of this item.

The Vice-Chancellor introduced the item noting that while MUMA was located in a purpose-built building at Clayton Campus, a number of matters needed to be addressed, as detailed in the agenda paper, in order for the museum to continue to accommodate the collection and provide a facility for permanent displays, undertake a program of exhibitions and enhance the University’s cultural profile with both internal and external stakeholders and the community.

In response to questions, the Vice-Chancellor noted that the proposed relocation of the museum would change the Monash tradition of the visual arts being located at Clayton Campus, however, as Clayton Campus was the focus for the performing arts and Monash was continuing to define the identity of each campus, the proposal to relocate MUMA to Caulfield would not only be beneficial for the museum but also allow the museum to build stronger linkages with the Faculty of Art and Design.

Members raised a number of issues for consideration by management including:

• industry representation on the MUMA committee should be addressed as a matter of urgency;

• the proposed relocation of the museum to Caulfield Campus needed to be carefully introduced to the arts community to ensure that the museum’s prestige was not diminished and that the many stakeholders and supporters of the museum were well informed of the reasons for the relocation; and

• while noting that some of the current Clayton space would be retained by the museum, a member suggested that some of the released space could be used by the Equity and Diversity Centre and/or the Centre for Australian Indigenous Studies.

RESOLUTION CL8/2005/200

Council received the report titled Proposal for Strategic Development of MUMA by Re-location to the Caulfield Campus, noted the advice of the Vice-Chancellor and indicated its support for the relocation of the Monash University Museum of Art to Caulfield Campus.

(File RMO1997/0417)

Mr David Pitt, Vice-President (Finance)/Chief Financial Officer introduced the discussion of the 2006 Budget.

Mr Pitt provided Council with an overview of the main features of the 2006 Budget including:

• the budget content;

• growth in the safety margin over 2006-2008 and the importance of achieving an adequate operating result;

• the key financial indicators for 2006 including the consolidated operating result;

• the contribution of controlled entities;

• the budget for the capital works program and how that would be split between new buildings and refurbishment; and

• strategies for further developing the budget process over the coming years.

During discussion, members queried a number of aspects of the budget including a suggestion that the safety margin was too low, developing a budget approach whereby budgetary units were required to achieve a "4%" return and required to identify strategies to achieve that objective and how robust were those areas of the budget experiencing increased revenues.

In response, members were advised that while the safety margin was adequate, many internal and/or external factors could affect the margin and a range of initiatives would be progressed to both increase revenue and ensure costs were contained.

In relation to setting minimum targets, Mr Pitt informed Council that a change to the budget process in 2007 would include a meeting with deans in early June to discuss the approach and desired budget outcome. Areas of increasing revenue were monitored by the University, however, the University’s greatest exposure in the area was to changes in government policy.

Other matters raised and discussed included:

• Investment Advisory Subcommittee – members were advised that this committee would be re-established in 2006;

• Research targets – while noting that the targets were aggressive, Professor Cornish informed Council that they were achievable and Monash and its staff were focussed on achieving these Council approved objectives;

• following a suggestion that the Annual Plan and budget would be more closely linked in future years, members were advised that as both processes were refined, it would be preferable for Council to receive a consolidated annual plan and budget; and

• in response to a suggestion for more aggressive targets, members were advised that this was one area where universities differed to shareholder controlled corporate entities in that while shareholders expected to maximise the return to shareholders, universities needed to be fiscally prudent while at the same time encouraging and achieving high quality outcomes in learning and teaching and research.

Council was informed that the budgets of areas of the University had been carefully reviewed, and in some cases revised, however, to prune the budget more would have affected both quality outcomes and staff morale.

Following a summary by the Chancellor, Council members agreed to adopt the Budget 2006.

The Chancellor, on behalf of Council, congratulated Mr Pitt on a superb budget process and acknowledged the great efforts of Mr John Levine, Divisional Director, Financial Resources Management and Mr Reynold Dias, Deputy Director, Financial Resources Management.

RESOLUTION CL8/2005/201

Council adopted the Budget 2006.

(File RMO1997/0611)

Professor Stephen Parker, Senior Deputy Vice-Chancellor commended the Annual Plan 2006 to Council noting that the plan included strategies developed during 2005 for implementation/action in 2006, actions originating from support plans such as the Education Plan and Research and Research Training Plan and actions due to unforeseen changes such as new government legislation.

The University’s 2006 priorities, previously endorsed by Council were:

• implementing a Monash Mobility Program;

• increasing research engagement;

• improving the Monash student experience;

• attracting the most talented students irrespective of means and circumstances; and

• implementing an Information Management Strategy.

RESOLUTION CL8/2005/202

Council received and approved the Annual Plan 2006.

(File RMO2005/1735)

Introduced by Professor Stephen Parker, Senior Deputy Vice-Chancellor, Council noted the advice that the Education Plan (2006-2010) placed greater emphasis on external measures, the employability of students, the relative performance of Monash compared to a range of KPI’s/targets and the retention of some "blending" with other plans for example in the areas of internationalisation and the multi-campus nature of Monash.

Professor Parker informed Council that there was still fine-tuning of the plan to occur, however, the final version would be available for discussion at the conference at Werribee.

RESOLUTION CL8/2005/203

Council received and approved the Education Plan (2006-2010).

(File RMO2006/0015)

Professor Edwina Cornish, Deputy Vice-Chancellor (Research) outlined to Council the consultative process undertaken in developing the Research and Research Training Plan (2006-2010).

Commending the plan to Council, Professor Cornish noted that Monash could rank as highly as any other Go8 university and that the overarching objectives of the plan were:

• research excellence;

• impact through research training; and

• impact through engagement and collaboration.

RESOLUTION CL8/2005/204

Council received and approved the Research and Research Training Plan (2006-2010).

(File RMO2004/1623)

Mr Ron Fairchild, Vice-President, Advancement prefaced his presentation by informing Council that the presentation was intended to set the framework for a further detailed discussion of the plan at meeting 1/2006.

During his presentation, Mr Fairchild provided members with an overview of current aspects of fundraising, the sources of charitable giving in Australia, opportunities in Australia and a comparison of experiences with other Canadian universities, the key fundamentals of the proposed Monash campaign, proposed implementation plan and the role of Council and Council members in the campaign.

Following discussion, members were requested to review the tabled plan and advised that Mr Fairchild would like to meet with each Council member over the coming months prior to another discussion at meeting 1/2006.

Further, members were advised that they would be requested to assist in prospect identification.

RESOLUTION CL8/2005/205

Council noted the advice of Mr Ron Fairchild, Vice-President, Advancement.

(File RMO1998/2347)

RESOLUTION CL8/2005/206

Council approved the amended Council meeting dates and venues for 2006.

(File RMO1998/0598)

The Executive Committee of Council, acting under its delegation from Council, met on 28 November 2005 and approved amendments to the membership of The Inclusive Practices Workplace Equity Committee and The Inclusive Practices Disability Committee in accordance with the Commonwealth Government’s Higher Education Workplace Relations Requirements (HEWRRs) in order to obtain increased CGS funding in 2006 as detailed in the document provided to members of the Executive Committee of Council.

(File RMO2005/0304)

The Executive Committee of Council, acting under its delegation from Council, met on 28 November 2005 and approved an offer of appointment as a Professor and Deputy Vice-Chancellor and Vice-President (International), for a period of five years be made to the person detailed in the document provided to members of the Executive Committee of Council.

RESOLUTION CL8/2005/207

Council noted the approvals granted by the Executive Committee of Council at its meetings held on 28 November 2005.

The Chancellor outlined to Council the major features of the Report of the Audit Committee including changes to the membership of the committee and the important achievements in the areas of compliance and risk management.

During the discussion, a member referred to possible future restructures in the workplace and suggested that Monash undertake a comparison of general staff and academic staff conditions compared to other Go8 universities.

RESOLUTION CL8/2005/208

Council noted the unconfirmed Minutes of the Audit Committee.

RESOLUTION CL8/2005/209

Council approved the revised Terms of Reference for the Audit Committee.

RESOLUTION CL8/2005/210

Council noted the Report on the Annual Certification Process by Heads of Cost Centres.

RESOLUTION CL8/2005/211

Council noted the consolidated report on the legal compliance process for the September quarter 2005.

RESOLUTION CL8/2005/212

Council noted the proposed Operational Plan for the Audit and Risk Management Office for 2006.

(File RMO2005/1400)

RESOLUTION CL8/2005/213

Council received and noted the Report of the Resources and Finance Committee meeting held on 23 November 2005.

Discussion of this item including adopting the Budget occurred at agenda item 4.2.

(File RMO1997/0611)

A paper titled "Addendum to Resources and Finance Committee paper and recommendations – Amenities Fees 2006" was tabled at the meeting.

Mr Peter Marshall, Vice-President, Administration introduced the item by advising Council that Federal Parliament passed the Higher Education Support Amendment (Abolition of Compulsory Up-front Student Union Fees) Act 2005 on Friday, 9 December 2005.

While much of the detail was still being analysed and further expert advice sought, a major outcome of legislation for 2006 would be a shortfall of approximately $500,000.00 in fee revenue due to the inability of universities to charge students who enrol after 1 July 2006.

Mr Marshall informed Council that preliminary advice indicated that the University could collect amenities fee revenue for the full year (2006) and be compliant with the new legislation provided Council set an annual amenities fee and advised students prior to 1 July 2006 that the University intended to collect the fee across semesters 1 and 2.

In reference to 2007, Mr Marshall advised Council that forecast loss of revenue would be in the order of $13.5 M, however, this may be ameliorated slightly if the University was able to access some of the signalled transitional funding of approximately $1.4 M that may be made available to support the maintenance of sporting activities.

Members noted the advice of Mr Marshall on the arrangement whereby 50% of the fees collected from Monash College students would be distributed to Monyx/Campus Life and student associations to provide Monash College students with full access to services.

RESOLUTION CL8/2005/214

Council approved the 2006 amenities fee rates (by campus) outlined at paragraph 4 of the tabled paper, noting that these rates were consistent with those approved by Resources and Finance Committee at its meeting of 23 November 2005.

Council authorised the Vice-Chancellor to make any necessary changes to the fee payment schedule or arrangements in 2006, in the light of further legal advice, in order for the University to comply with the Higher Education Support Amendment (Abolition of Compulsory Upfront Student Union Fees) Act 2005.

Council noted that Monash College would be making a contribution equivalent to 50% of the "amenities" fees raised by it, for distribution to campus student associations and Monyx/Campus Life to enable their students to have full and unrestricted access to services provided by these bodies in 2006.

Council approved the following recommendations (approved by Resources and Finance Committee at its meeting on 23 November 2005):

recipients of amenities fees would be required to provide, by 31 March 2006, a letter from their auditors stating whether or not reserves at 31 December 2005 were sufficient to cover all accrued employee entitlements and, if not, the extent of the shortfall; and

funding for amenities fees recipients in 2006 was conditional on demonstrated progress towards revised services/operations/arrangements in preparation for 2007.

(File RMO2000/1252)

RESOLUTION CL8/2005/215

Council, subject to a detailed business case being considered by Council at a later date:

(File RMO2005/1663)

In response to a question, the Chairman of Resources and Finance Committee advised Council that all reports to Council in 2006 will include an assessment of the committee on the financial statements considered at the meeting.

RESOLUTION CL8/2005/216

Council noted the proceedings of Resources and Finance Committee meeting held on 23 November 2005.

(File RMO2005/1400)

RESOLUTION CL8/2005/217

Council received and noted the report of meeting 6/2005 held on 2 December 2005 of the Board of Monash Commercial Pty Ltd.

RESOLUTION CL8/2005/218

Council received and noted the Report of Meeting 7/2005 of the Academic Board held on Wednesday, 23 November 2005.

(File RMO2004/0809)

RESOLUTION CL8/2005/219

Council made the University Entrance and Admission to Courses Regulations (Amendment No. 1, 2005).

(File RMO1998/0181)

RESOLUTION CL8/2005/220

Council approved the recommendation to renew the membership of Mr Mark Hayes, Practitioner, for a further three years from April 2006 to October 2008 inclusive, in accordance with Regulations of the University, Faculties Regulations, Part III – Faculty Boards, Schedule 7 – Faculty of Law, Subsection 7.6.2.

(File RMO1999/1027)

RESOLUTION CL8/2005/221

Council approved the proposal to establish the Centre for Business Intelligence and Decision Support Research for three years, subject to the Faculty of Information Technology making satisfactory funding arrangements with the agreement of the Deputy Vice-Chancellor (Research).

(File RMO1999/1617)

RESOLUTION CL8/2005/222

Council approved the proposal of the Faculty of Medicine, Nursing and Health Sciences to award the degree of ‘Doctor of Medicine’ to Associate Professor David Fonda for his thesis entitled, ‘Improving Care for Older People’.

RESOLUTION CL8/2005/223

Council noted that Associate Professor John Hurst was elected unopposed as President of the Academic Board for a term of office from 1 January 2006 until 31 December 2007.

(File RMO2004/1174)

RESOLUTION CL8/2005/224

Council noted that Professor E Cornish, Deputy Vice-Chancellor (Research), moved a motion that the Academic Board write an open letter to the Federal Education Minister condemning his interference in the ARC process and his affront of academic principles. This motion was seconded by Professor T Sridhar, Dean, Faculty of Engineering, and was unanimously agreed to by Academic Board members.

(Files RMO2005/0697, RMO2005/0178)

Discussion of this item occurred at agenda item 4.3

Discussion of this item occurred at agenda item 4.2

Discussion of this item occurred at agenda item 4.4

Discussion of this item occurred at agenda item 4.5

RESOLUTION CL8/2005/225

Council noted that the Academic Board approved the proposal of the Board of the Faculty of Law to disestablish the Centre for Law and Reconstruction in Southern Africa (CLARISA) with effect from 31 December 2005.

(File RMO2002/1355)

RESOLUTION CL8/2005/226

Council noted that the Academic Board approved the proposal of the Board of the Faculty of Business and Economics to disestablish the Business Law and Taxation Unit with effect from 1 July 2005.

(File RMO2001/1346)

RESOLUTION CL8/2005/227

Council noted the proceedings of the Academic Board meeting held on 23 November 2005.

(File RMO1997/0898)

Council noted the advice of Professor Colin Bourke, Chairman, Equal Opportunity Committee, on the report of the Dean of the Faculty of Education to the Equal Opportunity Committee and the activities of the Inclusive Practices Disability Committee, Inclusive Practices Student Equity Committee and Inclusive Practices Workplace Equity Committee.

The Vice-Chancellor informed Council that the largest grant for the Vice-Chancellor’s Equity and Diversity Awards (2005) had been awarded to a team comprising students from Monash Student Association and "Engineers Without Borders". The team had rebuilt and enhanced redundant computers and provided them to students from low socio-economic backgrounds.

RESOLUTION CL8/2005/228

Council received and noted the report of the Equal Opportunity Committee meeting 4/2005 held on 14 November 2005.

(File RMO1997/1578)

RESOLUTION CL8/2005/229

Council noted the proceedings of the Equal Opportunity Committee meeting 4/2005 held on 14 November 2005.

RESOLUTION CL8/2005/230

Council noted the accepted offers of appointment as detailed in the document presented.

RESOLUTION CL8/2005/231

Council approved an offer of appointment as Dean, Faculty of Science, for the period commencing on 1 January 2009 and expiring on 31 December 2009, be made to Professor Robert K Norris.

RESOLUTION CL8/2005/232

Council approved that an offer of appointment as Pro Vice-Chancellor, Gippsland for the period 22 August 2008 to 31 December 2008 be made to Professor Brian Mackenzie.

RESOLUTION CL8/2005/233

Council approved that the appointment of Professor Graeme Davison as Sir John Monash Distinguished Professor should continue until 31 December 2007.

RESOLUTION CL8/2005/234

Council was invited to note that Council elections had taken place with the following results:

Associate Professor John Hurst was elected for a term commencing 1 January 2006 and ending 31 December 2007

(Files RMO2005/1670, RMO2003/1681)

Professor Susan Davis was elected for a term commencing 1 January 2006 and ending 31 December 2007.

(File RMO2004/1360)

Mr Joshua Beggs was elected for a term commencing 1 January 2006 and ending 31 December 2007.

(File RMO2005/1007)

Mr Leslie Whiteley was elected for a term commencing 1 January 2006 and ending 31 December 2006.

(File RMO2004/1323)

Ms Kristine Banks-Smith was elected for a term commencing 1 January 2006 and ending 31 December 2006.

(File RMO2005/1340)

RESOLUTION CL8/2005/235

Council made the Faculties Regulations (Amendment No 4 2005).

(File RMO2001/1049)

RESOLUTION CL8/2005/236

Council appointed Professor Susan Davis to membership of Executive Committee of Council and Mr Ian Pyman as alternate to Ms Louise Adler and Mr Joshua Beggs as alternate to Professor S Davis to hold office from 1 January 2006.

(Files RMO1998/0046, RMO1998/0220)

RESOLUTION CL8/2005/237

Council approved the following amendment to the Terms of Reference of the Honorary Degrees Committee as follows:

"To receive from any two members of Council or two professors [including the Vice-President (Finance)/Chief Financial Officer and Vice-President (Administration)] or one Council member and one professor [including the Vice-President (Finance)/Chief Financial Officer and Vice-President (Administration)], proposals for the conferment of honorary degrees on named persons, to consider these proposals and to approve the award of honorary degrees."

Council appointed Dr Charles Curwen CVO OBE to membership of Honorary Degrees and as alternate members Dr Leanne Rowe and Mr Ian Pyman to hold office from 1 January 2006.

RESOLUTION CL8/2005/238

Council noted the appointment of Mr David Munro Pitt as a Director of Monash Commercial within the overall skill set of the Board of Monash Commercial.

(File RMOR2000/106)

RESOLUTION CL8/2005/239

Council conferred the degree of Bachelor of Science and Bachelor of Engineering (with Honours) in the field of Mechanical Engineering to the persons named in the document presented to Council.

RESOLUTION CL8/2005/240

Council approved the proposal of the Faculty of Medicine, Nursing and Health Sciences to confer a posthumous award of Graduate Certificate of Nursing (High Dependency) to the person named in the document presented to Council.

(File RMO2005/1330)

RESOLUTION CL8/2005/241

Council noted the promotion to Professor approved by the University Professorial Promotions Committee effective from 1 January 2006 as detailed in the document presented to Council.

RESOLUTION CL8/2005/242

Council approved the proposed changes to the Constitution of Monash University Foundation Pty Ltd as detailed in the document presented.

For action or noting by: Vice-President (Finance)/Chief Financial Officer, Treasurer and Acting Divisional Director, Corporate Finance

The next meeting of Council will be held on 16-17 February 2006.